Date: 23-08-2018
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Advocate for plaintiff has filed,
Joint Service affidavit.
Non appearance certificate.
Evidence affidavit
List of document.
Matter is adjd. to 24/10/2018 for Exparte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-10-2018
Date: 24-10-2018
Business: Adv. B. S. Patil for Plaintiff present.
Adv. Wagh for Defendant.
Advocate for defendant has filed registered Notice of Motion no.3995/18 alongwith affidavit, TOR.
Matter is adjd. to 28/11/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Adv. for Plaintiff absent.
Adv. Prakash Wagh for Defendant present.
Matter is adjd. to 10/12/2018 for Reply on N/M.
Next Purpose: REPLY
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: None for Plaintiff
None for Defendant
Matter is adjd. to 11/01/2019 for nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
Advocate for plaintiff has submitted that defendant has not served the copy of N/M no.3995/18 therefore, he is unable to file the reply. The defendant is directed to serve the copy upon the plaintiff as last chance.
Matter is adjd. to 06/02/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. B. S. Patil for Plaintiff present.
Adv. Tanya Sonarkar for Defendant present.
Order below N/M no.3995/18
Read the Notice of Motion no.3995/18 and say given by the advocate for plaintiff. Heard. It appears that there is 60days delay in filing the vakalatnama by the advocate for defendant, from the date of service of writ of summons. The plaintiff has given the say to allow the Notice of Motion subject to heavy cost, without going in to the details, it appears that the delay cause is not intentional and malafide. Hence it is just and desirable to allow the Notice of Motion. In the result, Notice of Motion no.3995/18 is allowed subject to cost of Rs.2500/- payable by the defendant to the plaintiff, on or before the next date, without fail.
The delay cause in filing the vakalatnama by the advocate for defendant in the aforesaid suit is condoned. Notice of Motion is disposed of accordingly.
Matter is adjd. to 08/03/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
Advocate for plaintiff has submitted that no cost is paid by the defendant and order is not complied hence,
Matter is adjd. to 16/04/2019 for Exparte evidence.
L.O.
Adv. Kanya Sonwalkar for defendant present.
He has filed application for grant of time to pay the cost amount, TOR.
Order Otherside to say.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv for plaintiff Mr.Prakash Wagh present
Matter is Adjd for Exparte Evidence to 19/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Patil for plaintiff present.
Adv.Archana Wagh for deft. Present.
Till date the deft has not complied with the order of payment of cost.
Adjd. for passing of appropriate orders to 27.08.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Adv. B.S.Patil for plaintiff.
Defendant present.
KB
LO
Adv. Prakash Wagh for defendant. On oral request Last chance is
granted to pay the cost. Adjd to 04/10/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. B.S. Patil for plaintiff present.
Adjd. to 04.12.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is on half-day leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. B.S.Patil for plaintiff.
Defendant present.
Exh.9- Defendant filed application for permission to change the advocate.
O- The defendant to follow the procedure prescribed by civil manual and city civil court rules regarding intimation to advocate on record. As a last chance the matter is adjd for filing of reply to NM. If on next date the defendant fails to file reply, the matter to proceed without reply of the defendant without any further reference to the express order of the court.
Adjd for 04.03.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. B.S.Patil for plaintiff.
Adjd for reply to 10-06-2020
Next Purpose: REPLY
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present and filed vakalatnama t.o.r. and marked as Exh.10
Adv. Sandeep Dhuri for defendant filed affidavit in reply to NM No. 3488/19 t.o.r.
Matter is adjd.to 18-11-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None for plaintiff.
Adv. Sandeep Dhuri for defendant present.
Matter is adjd.to 07-12-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: None for plaintiff.
Adv. Sunil Gaikwad for defendant present.
Matter is adjd.to 13-01-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Mr. Balbheem Patil for plaintiff present.
Adv. Mr. Sandeep Dhuri for defendant present and prayed for adjournment – short date be given.
Matter is adjd.to 22-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff. None for defendant.
Matter is adjd. to 17/3/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present.
Matter is adjd.to 08-04-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present.
Heard Ld. Adv. Balbheem Patil for plaintiff in NM No. 3488/19 .
Adv. Sandeep Dhuri requested for adjournment -short date be given.
Matter is adjd.to 19-04-2022 for NM Hrg by deft
(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None for plaintiff.
Adv. Sandeep Dhuri for defendant present.
Heard Adv. Sandeep Dhuri for defendant in NM No. 3488/19
Matter is adjd.to 27-04-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 30-04-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Balbheem Patil for plaintiff present.
None for defendant
Court busy in order in NM No. 1092/20 in Com Su No. 395/20 and judgment in Com SU 748/21.
Matter is adjd.to 06-05-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: None for plaintiff.
None for defendant.
F.R.S.R. following order is passed in NM No.3488/19
ORDER
1. Notice of Motion No.3488/2019 is dismissed.
2. The proceeding of N/m No.3488/2019 is closed
Matter is adjd.to 07-07-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Sandeep Dhuri for defendant present.
None for plaintiff when called.
Adjd for taking steps to 18/08/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: NOB TOB
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sandeep Dhuri for defendant present.
None for plaintiff when called. Plaintiff to take steps.
Adjd for taking steps to 01/10/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. B. S. patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present.
Adjd for taking steps to 10/12/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv. B. S. Patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present.
Adv. for plaintiff seeks time. Suit wrongly kept under caption of taking steps.
Adjd for admission denial by both parties to 27/01/2023
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Sandeep Dhuri for plaintiff is present.
None for defendant.
Both parties directed to file admission denial on or before next date.
Case is adjourned for admission denial to 22-02-2023.
L.O. at 11.34 am
Adv. Balbhim Patil for plaintiff is present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present.
Both parties directed to file admission denial. Otherwise further order will be passed.
Case is adjourned for admission denial to 28-03-2023.
L.O. at 11.15 am
Adv. Sandeep Dhuri for defendant is present.
L.O. at 11.25 am
Adv. B.S. Patil for plaintiff is present.
Case is adjourned for admission denial to 28-03-2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Balbheem Patil for plaintiff present.
Defendant present.
Defendant filed application for change of previous advocate. O- Adv. Dhuri to say defendant also filed VP of advocate Ratnish S. Dubey.
Case is adjourned to 26.04.2023 for say.
Next Purpose: FILING SAY
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. B.S. Patil for plaintiff is present.
Defendant in person is present.
Case is adjourned for reply to 15-06-2023.
Next Purpose: FILING SAY
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan Yadav
Adv. Balbhim Patil present for plaintiff.
Adv. Ratnish Dubey present for plaintiff.
Exh.11- Application is filed on 28.03.2023 by defendant for change of counsel. Defendant Lalmani Yadav present with Adv. Ratnish Dubey.
Exh.11 is pending since 28.03.2023. It is filed as plaintiff has not filed his say till date.
Exh.12- Vakilpatra filed by defendant.
Parties to file admission and denial.
Matter adjourned to 20.10.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Ashok Gadge V/s Lalmani Yadav
Adv. Balbheem Patil present for plaintiff.
Defendant Lalamai Yadav present. His counsel absent.
Parties to take steps regarding admission / denial.
Case adjourned to 29.01.2024 for admission / denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ashok Gadge V/s Lalmani Yadav
Adv. Balbheem Patil present for plaintiff.
Later on at 12.05 Hrs.
Adv. Ratnis Dubey present for defendant.
Defendant Lalmani Yadav present.
Perusal shows that, Suit is filed on 28.06.2018.
Defendant has filed written statement, long ago.
Defendant granted last opportunity.
Case adjourned to 16.04.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Defendant Lalmani R Yadav present.
P. O. on leave suit adjourned to 03.05.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Ashok Gadge V/s Lalmani Yadav
PO is on leave
Plaintiff side called, but absent.
Defendant Lalmani Yadav present.
Suit adjourned to 20.07.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Ashok Gadge V/s Lalmani Yadav
Adv. Balbheem Patil present for plaintiff.
Defendant Lalmani Yadav present. His counsel absent.
Defendant submitted that, he want to change the lawyer.
Defendant is at liberty to engaged the lawyer of his choice or he can apply for Legal Aid Counsel, subject to his eligibility.
Defendant submitted that, he intendt to engage Adv. Sandeep Dhuri as his counsel.
Exh.13 - Issues, Case Management hearing.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed -
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, Plaintiff, within next 15 days, shall file evidence-affidavits of all witnesses.
3)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 15 days, defendant shall file evidence affidavit of his witnesses, if any.
5)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
6)
Thereafter, parties shall conclude their arguments within 30 days.
7)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Suit adjourned to 04.09.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Plaintiff side called, but absent.
Defendant Lalmani Yadav present. His Counsel is absent.
Exh. 14 - List of witness filed by defendant.
Plaintiff to take steps regarding evidence.
Suit adjourned to 23.09.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan
Adv. Balbheem Patil present for plaintiff.
Defendant Lalmani Yadav present.
His counsel absent.
Plaintiff is seeking oral adjournment to take steps.
Suit adjourned to 04.12.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: Plaintiff side called, but absent.
Defendant Lal Mani Yadav present, his counsel absent.
Plaintiff to take steps regarding evidence, else put for dismissal order.
Suit adjourned to 21.12.2024 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan Yadav
Adv. Balbheem Patil present for plaintiff.
Defendant Lalmani Yadav present.
His counsel absent.
Issues are framed on 20.07.2024.
Plaintiff failed to lead evidence. Put for dismissal Order.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.01.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan Yadav
Adv. Balbheem Patil present for plaintiff.
Plaintiff witness Ashok Gadge present.
Defendant Lalmani Yadav present.
His counsel absent.
Exh.15- Evidence affidavit of PW1 Ashok Gadge.
Further examination in chief of plaintiff witness recorded.
Exh.16
-
Original dishonored Demand Promissroty Note.
Exh.17
-
Copy of Form No.10 dt. 14.06.2017.
(Plaintiff has brought its original before Court)
Exh.18
-
Office copy of demand notice dt. 08.05.2018.
Exh.19
-
Copy of Money Lending License.
(Plaintiff has brought its original before Court)
Exh.20
-
Copy of Cash Book.
(Plaintiff has brought its original before Court)
Exh.21
-
Copy of Ledger Book.
(Plaintiff has brought its original before Court)
On oral request of defendant Suit adjourned for cross-examination.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 06.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: Ashok Saibu Vs Lalmani Yadav
Adv. Balbheem Patil present for plaintiff.
Plaintiff Ashok Saibu present.
Adv. Sandip Dhuri present for defendant.
Defendant Lalmani Yadav present.
Exh.22- Adjournment application filed by defendant.
Plaintiff submitted no objection.
Adjournment is allowed.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan Yadav
Adv. Balbheem Patil present for plaintiff.
Plaintiff witness Ashok Gadge present.
Adv. Sandeep Dhuri present for defendant.
Defendant Lalmani Yadav present.
Suit is kept back for evidence.
Later on at 12.20 Hrs.
Adv. Balbheem Patil present for plaintiff.
Plaintiff witness Ashok Gadge present.
Adv. Sandeep Dhuri present for defendant.
Defendant Lalmani Yadav present.
Cross-examination of plaintiff witness recorded.
On oral request of defendant, Suit is adjourned for cross-examination.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 01.02.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Mr. Ashok Saibu Gadge Vs Mr. Lalmani Ramlakhan
Adv. Balbheem Patil present for plaintiff.
Adv. Sandeep Dhuri present for defendant.
Defendant Lalmani Yadav present.
Parties to take appropriate steps as per stage of Suit.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 25.02.2025 for evidence.
Later on at 12.16 Hrs.
Adv. Balbheem Patil present for plaintiff.
Defendant Lalmani Yadav present.
On oral request of plaintiff and defendant, Suit is adjourned to 04.03.2025.
Suit adjourned to 04.03.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: Adv for the plaintiff absent.
Plaintiff Ashok Gadge is present.
Adv. Sandeep Dhuri for defendant present.
Defendant Lalmani Yadav is present.
KB, Later on at 1.50 pm
Same appearance for plaintiff.
Same appearance for defendant.
The plaintiff present in person seeks oral adjournment on the ground that his counsel unavailable on today's date.
The ld advocate for the defendant consented.
By consent matter stands Adj to 28-03-2025 as and by way of last chance to file affidavit in lieu of examination in chief by the plaintiff, else the matter will proceed without evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: Adv. Balbheem Patil for plaintiff present.
Plaintiff Ashok Gadge is present.
Adv. Sandeep Dhuri for defendant present.
Defendant Lalmani Yadav is present.
Ld. advocate appearing for the plaintiff undertake to serve the copies of documents of reliance upon the Ld advocate for the defendant during the course of the day.
Undertaking is accepted.
By consent matter stands Adj for cross examination of plaintiff's witness by defendant on 05-05-2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2025
Date: 05-05-2025
Business: Mr. Ashok Saibu Gadge, plaintiff present.
Adv. B. S. Patil for Plaintiff present.
Adv. Lalmani Ramlakhan Yadav defendant present.
Adv. Sandip Dhuri for defendant present.
As the Court is busy in dictating judgment matter and argument matters, matter stands Adj for Recording evidence on 02.07.2025 .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: Adv. Balbheem Patil for plaintiff present.
Plaintiff Ashok Gadge is present.
Defendant Lalmani Yadav is present.
Kept back for cross examination.
Later on at 01.45 pm
Adv. Balbheem Patil for plaintiff present,.
Adv. Sandeep Dhuri for defendant present.
Plaintiff Ashok Gadge is present.
Defendant Lalmani Yadav is present.
Further cross examination of Plaintiff is recorded and completed.
Exh.23 Evidence closing pursis filed by the plaintiff.
O. Seen.
Matter stands Adj to 15-07-2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Sandeep Dhuri for defendant present.
Exh.24 Adjournment application filed by defendant.
O. Other side to say. Reply filed by plaintiff.
Heard. Considering reason time is granted to file affidavit of evidence on next date. Advocate for defendant undertake to file two affidavit on next date without fail.
Matter stands Adj to 02-08-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Amit Hire h/f Adv. Sandeep Dhuri for defendant present.
Defendant Lalmani Yadav is present.
Exh.25 Affidavit of evidence of Lalmani Yadav filed by adv for defendant.
O. Read and recorded.
Exh.26 Affidavit of evidence of Siddharth Ahiwale filed adv for by defendant.
O. Read and recorded.
Exh.27 List of documents filed by defendant.
O. Seen and filed.
Matter stands Adj to 16-09-2025 for further examination in chief /marking of documents and cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: None present for plaintiff.
Defendant – Lalmani Yadav is present.
Adv. Sandeep Dhuri for defendant present.
Exh.28 Application for adjournment filed by defendant.
O- Considering ailment of defendant No.2 time is granted as prayed for.
Kept back. Later on at 01.55 pm
Adv. Balbheem Patil for plaintiff present.
Matter stands Adj to 18-10-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: Adv. Balbheem Patil for plaintiff present.
Plaintiff - Mr. Ashok Gadge is present.
Adv. Sandeep Dhuri for defendant present.
Defendant (DW-1) Mr. Lalmani Yadav is present.
Defendant/witness (DW-2) Siddharth Ahiwale is present.
O. Oath administered to DW-1 Mr. Lalmani Yadav.
Exh.29
:
Copy of Complaint dt. 23.09.2021.
Exh.30 A.D. Card.
Cross examination of DW-1 Mr. Lalmani Yadav is recorded and completed.
Cross examination of DW-2 Siddharth Ahiwale is recorded and completed.
Matter stands Adj to 10-11-2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: Adv. Balbheem Patil for plaintiff present.
Adv. Sandip Dhuri for defendant present.
Exh.31- Evidence closure pursis filed by defendant.
Matter stands Adj for final arguments on 22.12.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: None present for plaintiff.
Defendant – Lalmani Yadav is present.
Advocate for defendant absent.
Exh.32 Adjournment application filed by defendant.
O- It appears due to ailment of advocate for defendant an adjournment is sought. Grounds are satisfactory, allowed with a direction that no further time will be granted for final argument.
Matter stands Adj to 13-01-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-01-2026
Date: 13-01-2026
Business: None present for plaintiff.
Kept back. Later on at 12.50 pm
Plaintiff Mr. Ashok Gadge is present.
Advocate for plaintiff absent.
Adv. Sandeep Dhuri for defendant present.
On previous date defendant moved an adjournment application. It was allowed. Today, plaintiff submit that his advocate is not available and time may be granted for argument. It is one of the targetted matter and a case under caption “urgent cases”. Time is granted for argument on costs of Rs.5,000/- payable by plaintiff to DLSA, Mumbai on or before next date.
Matter stands Adj to 23-01-2026 for compliance/final argument.
Later on at 01.50 pm
Adv. Balbheem Patil for plaintiff present through VC. He submit that his argument may be considered as heard. In view of said submission order imposing costs is set aside.
Matter stands adjd to 23-01-2026 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Adv. Balbheem Patil for plaintiff present.
Plaintiff Ashok Gadge is present.
Adv. Sandeep Dhuri for defendant present.
Defendant Lalmani Yadav is present.
Exh.33 Application for appointment of hand writing expert.
Call reply of other side. Reply filed by plaintiff overleaf.
Later on 12.35 pm.
Same appearance for plaintiff and defendant.
Order on Exh.33.
Heard Ld. Advocate for defendant and Ld. Advocate for plaintiff. By this cryptic application defendant requested for appointment of hand writing expert to verify signature of plaintiff. Plaintiff strongly objection application on a ground that present application is made with an intent to delay the proceeding. Present application is moved when matter is posted for final argument by defendant.
I have gone through record and proceeding. This is a suit of year 2021, wherein defendant filed written statement on 21.08.2018 and issues were framed by the then Presiding Officer on 20.07.2024. As per defence of defendant he approached plaintiff only for loan of Rs.1,00,000/- for medical treatment of his daughter and wife. He only borrowed Rs.90,000/- from plaintiff and never executed promissory note of Rs.5,00,000/. Defendant submit that he never signed any Promissory Note. Rather it was blank when defendant signed it. Rival stand and evidence is a matter of appreciation of evidence and that can not be done here. There is no reason for this court to pass any premature comment on merit of this suit.
On above backdrop, both parties examined themselves. Burden is on the plaintiff to prove his case. If plaintiff fail to discharge said burden then he will not be entitled to decree. Written Statement of defendant and cross of plaintiff conducted by defendant no where says about defendant ever disputed signature of plaintiff. Present is a three line application only, which doesn’t even specify which document defendant is referring in said application. In such circumstances, there is no reason to refer any unspecified document for opinion of hand writing expert. Grounds are not satisfactory, application is rejected.
Matter stands Adj to 09-02-2026 for final argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: Adv. Balbheem Patil for plaintiff present.
Plaintiff Mr. Ashok Gadge is present.
Defendant – Lalmani Yadav is present.
Advocate for defendant absent.
Exh.33 Application filed by defendant for adjournment
Other side to say. Plaintiff filed reply overleaf of application.
O- On previous date this court rejected an application filed by defendant. Defendant want to challenge said order and for that defendant want some time. Grounds are satisfactory, matter stands adjourned.
Matter stands Adj to 11-03-2026 for argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: Plaintiff Mr. Ashok Gadge is present.
Defendant Mr. Lalmani Yadav is present.
Kept back. Later on at 12.55 pm
Adv. Balbheem Patil for plaintiff present.
Same appearance for plaintiff and defendant.
Exh.34 Application filed by defendant with a prayer to appoint hand writing expert. Copy is served on other side.
Matter stands Adj to 18-04-2026 for reply by plaintiff.
Next Purpose: REPLY
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: None present for plaintiff.
Adv. Sandeep Dhuri for defendant present.
Defendant Lalmani Yadav is present.
Matter stands Adj to 10-06-2026 for reply by plaintiff on Exh.34.
Next Purpose: REPLY
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: Adv. Balbheem Patil for plaintiff present and filed reply to Exh.34 overleaf.
Plaintiff Mr. Ashok Gadge is present.
None present for defendant.
Matter stands Adj to 30-06-2026 for argument on Exh.34.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2026
Date: 30-06-2026
Business: None present for plaintiff.
Defendant present and submitted that his advocate is unwell, therefore, unable to remain present.
O- Adjournment granted.
Matter stands Adj to 21-08-2026 for argument on Exh.32.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2026
Date: 21-08-2026
Business: None present for plaintiff.
kept back for argument.
Later on at 11.56 am
Defendant Lalmani Yadav is present.
Matter stands Adj to 05-10-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-10-2026